Disclose file notings of MHA order on LG powers: CIC

Updated: Friday, May 6, 2016, 17:58 [IST]

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New Delhi, May 6: Central Information Commission has directed the Home Ministry to disclose all file notings related to the controversial notification of the Centre issued on May 21, 2015 defining the role of Lt Governor in Delhi government.

The information was denied by the Home Ministry saying Delhi government had challenged it in the High Court and disclosure of the records might adversely affect its case.

"The respondent (Home Ministry) submitted that as soon as the said notification dated May 21, 2015 was issued, the Government of NCT of Delhi had filed a writ petition no. 5888/2015 before the Delhi High Court which is sub­judice...

"The respondent further submitted that information could not be disclosed since the matter is pending and any disclosure in that regard can adversely affect the case," Information Commissioner Sudhir Bhargava noted.

Rejecting the contention of the Centre on the plea of activist Subhash Agrawal, the Commission said the information was not provided to the complainant on the ground that the matter is sub­judice.

"However, the same is no ground to claim exemption under Section 8 of the RTI Act. Further, on specifically asking the respondent, he failed to justify the denial of information.

"Thus, the Commission accedes to the request of the complainant and converts this complaint to second appeal and directs the respondent to provide point-wise information, free of cost to the complainant within a period of four weeks from the date of receipt of a copy of this decision," he said.

In a gazette notification on May 21, 2015, the Ministry had said that the LG will have jurisdiction over matters connected with services, public order, police and land and he may consult with the Chief Minister whenever he thinks necessary in issues of services using his own "discretion".

It is well established that where there is no legislative power, there is no executive power since executive power is co-extensive within legislative power, it said.

"Public order, police, land and services fall outside purview of legislative assembly of the National Capital Territory of Delhi and consequently the Government of NCT of Delhi will have no executive power" on such matters, it said.

The gazette notification said the LG shall in respect of matter connected with public order, police, land and services exercise the powers and discharge the functions of the central government to the extent delegated to him from time to time by President provided that the LG may in his discretion obtain view of the Chief Minister of Delhi in regard to the matter of "services" wherein he deems it appropriate.